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Archive Reference / Library Class No.D779/T/3/10/16
Former ReferenceD779/T/484
TitleCopy of case and judgement Monday, 22 February 27 Charles II [1675]: Jane relict of William Leche knight deceased, Thomazina daughter of Leche, aged 21, William son of Sir William, Jane and 6 other younger daughters of Sir William, plaintiffs, Edward son and heir of Sir William, John and Philip two younger sons of Sir William by George Combes their guardian, George Evelyn of Wootton esquire, George Evelyn of Nutfield esquire, Edward Smith esquire, Thomas Dawleing gentleman, Ambrose Phillips senior, Ambrose Phillips junior, Paul Jodrell and the aforesaid George Combes, administrator of Sir William's will defendants: the scope of the will being that Sir William being seised in fee of the manor of Squerryes, Kent, and manors and lands in Derbyshire, and being seised of the prebend and rectories of Sawley and Wilne for the lives of himself, Sir Robert Leche and Dame Dorothy Long, his brother and sister, demised the same about 1 February 1655/6 to the defendant Ambrose Phillips the father and others since dead, to hold the fee simple lands for 99 years from his death and the prebend for 80 years or the remaining lives from his death, upon trust that Lady Leche enjoy Squerryes manor house for life, the lessees to receive the profits of the other lands and sell the Derbyshire estate to pay the rents, and then to pay Lady Jane £80 per annum, the residue for performance of his will;
after by lease and release dated 15, 16 August 1673, he conveyed part of the Derbyshire estate to the defendant Combes upon trust to sell in Sir William's life to pay his debts;
recital of will (for which see above D 779B/T 483);
Sir William died leaving "no considerable personal estate": the bill complains that the defendant Edward Leche pretends that his father made no such estate in 1655/6 nor any such will, or if he did, he was only tenant in tail of the freehold Derbyshire lands and that the prebend and rectories do not pass by his will but come to the defendant as special occupant, and that he has entered upon both the fee simple and the leasehold lands and has received their profits, for which he should account and he should join in sales for the satisfaction of purchasers and that the defendants John and William Leche pretend the personal estate and lands devised to be sold ought to be used to ease the lands devised to them of the mortgages with which they are charged and to be disburdened of the £80 per annum payment, although the personal estate and all the lands appointed by the will to be sold will not pay the money legacies: answers are given in detail, mentioning the Duffield lands: judgement that the 1655/6 deed was a good deed, Lady Leche is to enjoy the manor house of Squerryes and the £80 per annum is to be chargeable upon all the lands mentioned in the deed;
a master of the court is to appoint how this may be done and to take accounts of rents and profits of the Derbyshire properties Edward Leche has received since his father's death;
the lease of the prebend is to be renewed, etc.
Not dated
At foot, receipt from Jane Leche to Mr Combes for the necklace of pearl in the order, pursuant to this order, 4 May 1675.
Date[1675]
Extent1 item
Levelfile
RepositoryDerbyshire Record Office
Archive CreatorHolden Family of Aston Hall, Aston-upon-Trent
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